A writ petition alleging encounter killing dismissed due to lack of evidence and contradictions
Bombay High Court Dismisses Encounter Killing Allegation Due to Lack of Evidence. Court Emphasizes Obligation of Full and Fair Disclosure in Writ Petitions; Suppression of Facts Leads to Dismissal
News Report: In a significant ruling, the Bombay High Court dismissed a writ petition filed by Smt. Sayeeda Shabbir Mukadam, alleging the encounter killing of her husband, Shabbir Mukadam, by Excise Department officials in Rajapur, Maharashtra. The judgment was delivered by a division bench comprising Justices Ravindra V. Ghuge and Gautam A. Ankhad on September 15, 2025. The petitioner had sought the registration of a First Information Report (FIR) against the officials under various sections of the Indian Penal Code, including murder, conspiracy, and destruction of evidence, along with compensation of Rs. 1 crore.
The court found several inconsistencies and contradictions in the petitioner's case, which were not substantiated by any corroborative evidence. Independent forensic and post-mortem reports confirmed that Shabbir Mukadam's death was accidental, resulting from a fall into a quarry. The court noted that the petitioner failed to provide any eyewitness accounts or evidence to support the allegation of an encounter killing.
Furthermore, the court highlighted the suppression of material facts by the petitioner, which disentitled her from relief under writ jurisdiction. The judgment referenced the principles laid down in previous cases, emphasizing the necessity for petitioners to approach the court with clean hands and full disclosure of relevant facts.
The court's decision underscored the importance of maintaining integrity in legal proceedings and warned against misleading the judiciary with distorted facts. The petitioner's objective of obtaining compensation from the respondents was deemed untenable, given the lack of evidence and the inconsistencies in her statements.
The judgment serves as a reminder of the judiciary's role in safeguarding the integrity of legal processes and deterring frivolous or deceitful claims.
Bottom Line:
A writ petition alleging encounter killing dismissed due to lack of evidence and contradictions in the petitioner's case. The court emphasized the obligation of full and fair disclosure in writ petitions.
Statutory provision(s): Constitution of India Article 226, Criminal Procedure Code Section 482, Indian Penal Code Sections 302, 120B, 201 r/w 34, Maharashtra Prohibition Act Sections 65(A)(E), 83, 90
Smt. Sayeeda Shabbir Mukadam v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2779458
